Yes, this is what is called a physical control case. If you were under the influence of alcohol or tested above the legal limit, and were in a position to start the engine and operate the vehicle, you can be charged and convicted of a DWI. It doesn’t matter that you never intended to start the car and drive off down th street, it only matters under the law that you had the ability to do so. If you were in the driver’s seat and the key was in the ignition, even though the engine was turned off, you still have the ability to endanger the public by driving under the influence of alcohol. The DWI laws were designed to favor protecting public safety at the expense of personal liberty.
If you or someone you know has been charged with a DWI, you will need a skilled and experienced criminal defense attoreny. Attorney Robert J. Shane has 29 years of criminal defense experience and a winning record. Call now for a free phone consultation at (612) 339-1024 or visit his website for more informaiton on DWI defenses at www.criminallawyerminnesota.com.